Brahmam (Office boy) 24 March 2010

Interim maintenance in OP

I got Married in Feb' 06. I have filed divorce petition (OP) in Feb' 08.I have no children. In April' 08 respondant (my ex wife) filed interim maintenance in OP case. interim maintenance order in June' 08. Meanwhile she has filed Final Maintenance in April' 08 in MC case. The final maintenance in MC case ordered in Dec'08. i had paid interim maintenance every month till August' 09 (OP case ordered in August' 09).

Now my ex wife filed MP and asking for final maintenance from April'08 (from the date of application) as per order. But when I have paid interim maintenance in OP case and again they are asking final maintenance for the same period which I had paid Interim maintenance.

Please clarify does interim maintenance in OP case and final maintenance in MC will be imposed in the same period or the interim amount, which I had paid will be deducted from the final maintenance.

please help me in this regard. expecting your kind adivce.

regards

Brahmam

Reply Follow

2 Replies

Guest (Guest) 24 March 2010

You need not pay the entire final maintenance. If the final maintenance is higher and it has been ordered w.e.f. April , 2008, you have to pay the difference amount ( I mean final maintenance minus interim maintenance) only till the period till interim maintenance was paid and in future you have to pay only final maintenance. If you have any problem of this reasoning, you have got an option to file a clarification application before the court, where the final maintenance order is made.

Brahmam (Office boy) 24 March 2010

Thanks Prabhakar garu, I request you one more thing that is any Hon'ble high court judgement copy in this type of case. if so pl send me soft copy of inform me the details of case no. etc. which i can collect from the library.

with regards

Brahmam